The Supreme Court on Monday adjourned hearing on the plea filed by the Chhattisgarh government challenging the constitutional validity of the Prevention of Money Laundering Act (PMLA). A bench of Justice Sanjiv Khanna and Justice MM Sundresh adjourned the matter to August after a letter for adjournment was circulated by the State.
Additional Solicitor General SV Raju appeared for the Enforcement Directorate in the matter.
The Chhattisgarh government alleged in its plea that the central investigating agencies are being misused by the Centre to “intimidate”, “harass” and “disturb” the normal functioning of non-BJP state governments.The original lawsuit challenging the law was brought by the Bhupesh Baghel-led Congress government in accordance with Article 131 of the Constitution, which gives a state the right to approach the Supreme Court directly in cases involving disputes with the Center or any other state.
The first state to contest the provisions of the money laundering act is Chhattisgarh. Earlier, private individuals and parties had contested the law on a number of grounds, but a three-judge bench of the Supreme Court last year upheld the law’s legality.
According to the lawsuit, the state government is receiving numerous complaints alleging that the Enforcement Directorate is “torturing, abusing, and manhandling” them while pretending to be conducting an investigation on behalf of both its officials and state residents.
Chhattisgarh is being forced to go before the court because of this “blatant and excessive misuse” of its authority, it claimed.
“It is imperative to state that this is not the first occasion wherein the ED (Enforcement Directorate) has resorted to an illegal modus operandi. On multiple occasions, the approach has been employed concerning various states that hold a political stance opposite to the one in power at the Centre.
“Such conduct amounts to a severe misappropriation and arbitrary use of power, which goes against the constitutional mandate. Investigative agencies are expected to be entirely independent and uninfluenced,” it said.
